Can I File a Car Accident Claim Without a Police Report?

Yes, you can file a car accident claim without a police report. While a police report can be helpful when it comes to building your case and proving the liability of the at-fault party, it’s not a requirement.

The process might be more complicated than if you had a police report documenting the case, but it is not impossible, and a New York car accident lawyer can help you every step of the way. Let’s look into the details of car accident cases that do not involve a police report.

Is a Police Report Required to File a Car Accident Claim?

A police report is not always required if you want to file a car accident claim against the responsible party. It simply means that your New York personal injury lawyer will need to look for other avenues of showing proof of the accident, presenting the extent of your injuries, and substantiating these claims.

Here’s what your lawyer may do in the absence of a police report:

• Collect details regarding the collision
• Ask for statements from witnesses
• Consult professionals for insight

Collect Details Regarding the Collision

Police reports typically contain the date, time, and location of the collision. Law enforcement often includes the names of all parties involved in the crash as well as any property damage or injuries sustained. Your lawyer will need to gather this information if a police report doesn’t exist.

Ask For Statements From Witnesses

The police often collect statements from all witnesses at the scene of the collision as well as any drivers who were involved in the incident. In place of a police report, your legal counsel might reach out for statements from those who witnessed the crash to help clarify what happened.

Consult Professionals For Insight

Law enforcement officers can speak to their observations when they arrive on the scene of a collision. They can document what they noticed in terms of road conditions, potential violations of traffic laws, and other important factors that may influence who is liable for the crash. 

Without a police report, you can still file a claim, but your lawyer will need to turn to other professionals for insight into how the collision may have occurred. This may include talking to accident reconstructionists and medical providers, among others.

With us on your side, you can trust that a New York car accident attorney will advocate for your rights and fight to defend you as a victim of a car crash. 

Statute of Limitations For Car Accident Claims Without Police Reports

In New York, the statute of limitations for personal injury claims associated with car accidents is three years. This timeline begins on the date of the accident, so the clock starts ticking as soon as the collision takes place. 

Car Crashes Involving Children

However, if the accident involves a minor, then you may have more time to file your claim. Instead of the three-year statute of limitations starting immediately, it will not be imposed until the minor turns 18 years old. As such, the statute of limitations is extended.

Collisions With Government Property

On the other hand, if vehicles or agencies associated with the government are involved in the crash, then the statute of limitations is shortened by a considerable amount of time. Instead of having three years to file, you must do so within one year and 90 days of the accident.  

As the victim of a car accident with government property, you are also required to file a Notice of Claim within 90 days of the accident. For more personalized guidance, it’s wise to consult with a lawyer who can give you legal advice tailored to the specific details of your situation. 

Can I Still Prove Fault in a Car Accident Claim Without a Police Report?

Yes, you can still prove fault in a car accident case even if a police report was not filed. More specifically, when you hire an attorney, your lawyer will take on the responsibility of proving who is liable for the collision by gathering evidence that supports your version of events.

Here are several methods your lawyer may apply when striving to prove fault:

• Retrieving eyewitness testimonies
• Relying on photographic or video evidence
• Speaking with accident reconstruction professionals
• Reviewing surveillance footage in the area
• Collecting statements from fellow drivers

Contact a New York Car Accident Law Firm For a Free Consultation

You can file a car accident claim without a police report, but the process might be more complicated than situations when police reports are present. However, it is entirely possible to do just that when you have experienced legal counsel on your side. 

At Morelli Law, we advocate for the rights of car accident victims who did not file a police report following the collision. After all, we understand that the aftermath of a crash can be very disorienting. Call us today to learn more about us and what we can do for you.